When is the Use of Force Appropriate?

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A judge has praised a householder who confronted two thugs trying to break into his home – giving him ‘full marks’ for bravery.

Despite one offender swinging a plank of wood at him, 63-year-old David Oldham refused to be cowed.

Instead, the university estates manager fought back, punching both offenders.

The criminals fled but blood left on Mr Oldham from the scuffle led to one of them,

Liverpool Crown Court heard Mr Oldham sprang into action when he heard noises outside his home at about 7pm on April 5.

Mr Jones said: ‘Mr Oldham, a man of some substance, bravely went out to the side of the property and was confronted by the defendant who moved towards him.

‘Fearing for his safety he punched him once to the face which knocked him to the floor and also knocked a tooth out.

‘The other intruder then jumped down from the roof landing in front of Mr Oldham who instinctively punched him to the face.’

Mr Jones said the accomplice picked up a plank of wood and swung it at Mr Oldham, and Ford said: ‘Shoot him, he’s knocked my teeth out.’

Police caught up with Ford when they raided a house in Wavertree on August 2. Ford kicked out at a police dog, which then bit his shoulder.

The second burglar is believed to be still at large.

Ford, 25, of no fixed address, pleaded guilty to burglary, assault by beating, and driving dangerously while disqualified and without a licence.

Joanne Purvis, a Director of SecuriCare, says “What we see in this case is someone resorting to the use of force to protect themselves and prevent a crime. I imagine lots of people reading this have a huge amount of sympathy with the home owner and that using force in this instance is felt by many to be the ‘right’ thing to have done…”

“Within the context of responding to physically challenging behaviour, perhaps in a school or care setting a ‘use of force’ decision is not so clear cut. There is a lot more at stake. If you start from the position that someone is these settings is presenting behaviours of concern because they are distressed, in pain or struggling to cope there is the possibility that the individual is psychologically or emotionally fragile. Just what would the use of force, which may itself cause pain or injury, do to the supportive or nurturing relationship between that individual and the staff member? It’s a very sensitive area, and one that needs covering in depth during any training session..”

SecuriCare offer a range of courses designed to ensure that nominated trainers can help staff to respond safely and effectively to any ‘Challenging Behaviour’ that may occur, including the application of ‘Physical Interventions techniques’. All programmes are finalised after full training needs analysis and delivered by experienced frontline practitioners. Click to see our ‘Preventing & Managing Challenging Behaviour’ Course which includes ‘Positive Behaviour Management’ techniques designed to minimise the need for any kind of restrictive intervention. You can also take a look at our person centred Behaviour Planning Service.